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BRISTOL v. BD. OF COUNTY COM'RS OF CLEAR CREEK

No. 00-1053.

312 F.3d 1213 (2002)

Gary BRISTOL, Plaintiff-Appellee, v. The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK and Don Krueger, in his official capacity as the Sheriff of the County of Clear Creek, Defendants-Appellants, County Sheriffs of Colorado, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 12, 2002.

Attorney(s) appearing for the Case

Robert M. Liechty, Denver, CO, for Defendants-Appellants.

Evan S. Lipstein of Law Offices of Evan S. Lipstein, Lakewood, CO, (John W. Berry, Denver, CO, with him on the brief), for Plaintiff-Appellee.

Josh A. Marks and Andrew D. Ringel, Hall & Evans, L.L.C., Denver, CO, filed a brief on behalf of the Amicus Curiae.

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ and O'BRIEN, Circuit Judges.

LUCERO, Circuit Judge.

We granted en banc rehearing in this case to further consider whether the Board of County Commissioners of Clear Creek County, Colorado ("Board") owes a duty to provide accommodation under the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq., to Gary Bristol, an employee of the County Sheriff. We hold that, because under Colorado law a Board lacks the power to control the hiring, termination, or supervision of a...

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